Scott W. Clark

Of Counsel

Scott W. Clark

Of Counsel

Scott W. Clark is a registered U.S. patent attorney with more than 15 years of experience representing clients in all aspects of intellectual property and other technology-related business controversies.  Scott has litigated over 30 civil cases, including 25 patent cases, in numerous U.S. jurisdictions, in private arbitration and before the U.S. International Trade Commission (ITC). He has significant experience in all phases of civil litigation, from pre-filing through trial and appeal.  His practice is focused on patent and trade secret disputes in a wide range of technologies, including the chemical, energy, biotech, medical device, high-tech and telecommunication industries.

In addition to litigation matters, Scott counsels clients on intellectual property enforcement, acquisition, due diligence, clearance, freedom to operate, licensing and other technology-related agreements.

Before joining AZA, Scott was a partner with the international law firms of McDermott Will & Emery LLP, and Howrey LLP, where his practice focused on intellectual property and business litigation.

Prior to attending law school, Scott was an IT management consultant with Andersen Consulting, the predecessor to Accenture.

Scott received his J.D., with honors, from the University of Texas School of Law and his B.S. in Chemical Engineering, with high honors, from the University of Texas at Austin.  He is a member of the State Bar of Texas, and is registered with the United States Patent and Trademark Office.

REPRESENTATIVE MATTERS

  • Represented biotech company in a series of patent infringement actions across the country against its primary competitors in the transgenic seed crop industries, securing favorable licenses from each of these competitors for key seed crops. Against one competitor, license was entered following $1 billion jury verdict.
  • Secured favorable offshore drilling contracts for energy company following a declaratory judgment action that the federal drilling moratorium in the Gulf of Mexico constituted force majeure under two $500 million offshore drilling contracts.
  • Obtained a permanent injunction following a jury trial for infringement of a patent involving the dietary health supplement lutein. The injunction was upheld following an appeal to the Federal Circuit.
  • Represented multiple defendants in a series of cases brought by Ronald Katz concerning over 20 voice communication system patents, resulting in the then-largest MDL in patent litigation history. For one client, obtained summary judgment of non-infringement or invalidity for all asserted claims.
  • Counsel for a technology company in an investigation by the International Trade Commission concerning six patents and imported data storage systems. The case was resolved on a confidential basis.
  • Counsel for a state university in a dispute involving trade secret and ownership claims related to intellectual property rights in a drug delivery system. Case settled on a confidential basis following an unopposed motion to dismiss.
  • Defended a smartphone manufacturer in an 11-patent action relating to various aspects of handset technology. The case was resolved on a confidential basis on the eve of trial.
  • Counsel for a biotech company defending against false marking claims brought in North Carolina.  Obtained judgment on the pleadings as to all claims.

 SELECT PUBLICATIONS

“Patent Enforcement Reform: What You need to Know About Current Congressional Proposals,” Bloomberg BNA (2013).

“Push for Renewables, Global Recession Raise Questions in Industry,” Houston Business Journal (2009).

IN THE NEWS

AZA Wins $9M Jury Verdict in Texas Patent Infringement Case Against Motorola

9 Reasons We Are Even Stronger

 

EDUCATION

J.D., with honors, the University of Texas School of Law

B.S., Chemical Eng., with high honors, University of Texas at Austin

PROFESSIONAL ADMISSIONS

Texas

U.S. Patent & Trademark Office

COURT ADMISSIONS

U.S. District Court – Southern District of Texas

U.S. District Court – Eastern District of Texas

U.S. Court of Appeals – Federal Circuit

U.S. Court of Appeals – Fifth Circuit

EMPLOYMENT HISTORY

McDermott Will & Emery

Howrey (acquired Arnold, White & Durkee by merger)

Arnold, White & Durkee

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